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Home  /  Picture of the Day  /  Pic of the Day by Category  /  Environment & Health 环境和卫生   /  中国出台法律防止“被精神病”侵犯人权 - China published a law, guarding against the violation of human rights as mental patients are hospitalized by force
中国出台法律防止“被精神病”侵犯人权 - China published a law, guarding against the violation of human rights as mental patients are hospitalized by force print version
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中国国务院法制[1]办6月10日对外公布了精神卫生法草案[2]。 随着中国经济社会的快速发展,人们的心理面临着巨大的压力。中国卫生部[3]数据显示,中国精神病[4]率明显上升趋势,中国目前有重症精神障碍[5]者约1600万人。

精神病诊断事关公民人身自由权利[6]。现实中,有些别有用心的人[7]可能把亲属或别人强行送精神病院[8],而精神病院可能为了追逐经济利益而随意诊断收治,这就加大了正常人被强制收治的风险。如果没有严格的程序就把人送进精神病院,这将成为违反公民人身自由的理由。草案明确规定,不得违反人们意志进行确定其是否患有精神障碍的体格检查[9]。诊断结论表明精神障碍患者[10]不需要住院的,任何单位或者个人不得限制其离开医疗机构[11]。草案还规定了对非法限制精神障碍患者的人身自由、探访医疗机构人员,严重将追究刑事责任。对"被精神病"[12]案例,法律草案提出了解决明确的途径。

法律增加了收治管理和康复治疗的透明度,进一步避免了公民合法权益[13]受到侵害。专家表示,这意味着中国将在立法层面,对待精神障碍患者的收治问题上,保障公民基本权利不受侵犯。精神卫生法律草案规定,全社会应当尊重、理解精神障碍患者,不得非法限制精神障碍患者的人身自由。

The legal institution of China's State Council has published a draft for the  'mental health law'. Along with the rapid socioeconomic developments in China, people are facing huge pressures. Data of China's Health Department shows that China's mental illnesses are clearly on a growing tendency, and today there about 16 million people in China who suffer from heavy mental disorders.

The diagnosis of mental disorders is regarded a citizen's personal right. In reality, there are some people with ulterior motive, who can compel relatives or other people to be sent to psychiatric hospitals, and psychiatric hospitals might diagnose and treat patients as they please, as they pursue financial benefits. This expands the risk of normal people being forced to receive treatment. If people are sent to psychiatric hospitals without undergoing strict procedures, then there is a case for arguing that citizens are losing their personal rights. The draft explicitly regulates that it is not allowed to go against people's will and a physical checkup should be carried out, checking whether one suffers from mental disorders. If the diagnosis conclusion indicates that the patient of mental disorder doesn't need to be hospitalized, then any unit or person must not prevent him from leaving the medical treatment center. The draft also regulates targeting the illegal restriction of personal freedom of patients of mental disorders, by meeting the staff of the medical treatment center, seriously investigating the responsible personnel. In the case of 'forced mental disorder', the draft law poses clear resolution channels.

The draft law increases the transparency of patient treatment management, going a step further to avoid the violation of citizens' lawful rights. Experts say that this implies that concerning the problem of the treatment given to mental disorder patients, China, in the legislation level, is guaranteeing that citizens' basic rights aren't violated. The draft of the mental health law regulates that the entire society should respect and understand patients of mental health disorder, not allowing unlawful restrictions of personal freedom of patients of mental health disorder.   

Based on an article published by 新华网, xinhuanet.com


[1] 国务院法制 guówùyuàn fǎzhì- State Council Legal Institute; the legal system of the State Council, the chief administrative authority in the PRC

[2] 精神卫生法草案 jīngshen wèishēng fǎ cǎoàn - Draft of the Mental Health Law; a draft of a new law, presented by the State Council, which is now beeing revised by relevant departments and personnel and might be approved later on

[3] 中国卫生部 zhōngguó wèishēngbù - China Health Department

[4] 精神病 jīngshénbìng - Mental illness, mental disorder

[5] 精神障碍 jīngshen zhàngài - Mental obstacle, mental disorder

[6] 自由权利 zìyóu quánlì - 'Right of freedom', 'personal right'

[7] 用心的人 yòngxīn de rén - People with ulterior motive

[8] 精神病院 jīngshénbìng yuàn - Mental health hospital, psychiatric hospital

[9] 体格检查 tǐ gé jiǎnchá - Physical insepction

[10] 患者 huànzhě - Patient

[11] 医疗机构 yīliáo jīgòu - Medical treatment center

[12] "被精神病" bèi jīngshénbìng - 'Passively mental illness', 'forced mental disorder'; this expression refers to the problem described above, when patients with a low degree of mental disorder are forced to be treated and hospitalized

[13] 合法权益 héfǎ quányì - Lawful rights


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